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64-556 - 8,10 FRANKLIN STREET - CONSERVATION COMMISSION (002)
IVERSAL® UNV-12113 MADE IN USA SUSTAINABLE ��.� FORESTRY CONffNT10%® INITer see POSTLONSUMER CeNfied Fiber Sourcing wwwsfipropram orp SF10119p g� P CITY OF SALEM CONSERVATION COMMISSION October 14, 2016 Luke Fabbri Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 Re: Certificate of Compliance for 8 & 10 Franklin St.—DEP #64-556 Dear Mr. Fabbri: Enclosed, please find the certificate of compliance for the above-referenced project. This document must be recorded at the South Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the certificate, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, T m Devine Conservation Agent Enclosure CC: DEP Northeast Regional Office Craig Burnham I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-556 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: fors on the computer,use Fortunate Son Realty Trust only the tab key Name to move your 14 Franklin Street cursor-do not use the return Mailing Address key. Salem MA 01970 City/Town State Zip Code a 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued Fortunate Son Realty Trust Name 11/4/2013 64-556 Dated DEP File Number 3. The project site is located at: 8& 10 Franklin Street Salem Street Address City/Town 26 405 &406 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) South Essex 33070 532 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 10/12/2016 Date wpefrm8b.doc•rev.5129/14 WPA Fonn 8B,Certificate of Compliance•Page 1 of 3 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-556 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem /o l ao,`-6 Conservation Commission Date of 49suance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See htto://www.mass.Qov/eea/agencies/massdep/about/contacts/). Signat s: wpafrmeb.doc•rev.5/29114 WPA Form 88,Cerlill=e of Compliance•Page 2 of 3 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-556 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: ------------------------------------------------------------------------------------------------- Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant w afrmft doc•rev.5/29/14 WPA Form 86,Certificate of Compliance•Page 3 of 3 V September 19.2016 FROM: J. Lowell Associates 21 Fish Street Pembroke,MA 02359 Tel.: 781-293-5355 TO: Salem Conservation Commission ATTN: Mr. Tom Devine,AICP, Senior Planner Salem City Hall Annex 120 Washington Street Salem,MA 01970 RE: 8& 10 Franklin Street DEP File#64-556 Compliance Certification J. Lowell Associates performed an as-built field survey of the subject site on May 13,2016 and found site conditions to be in substantial compliance with the approved plans. The only deviations from the approved plans was the addition of the eight fender piles and the use of a steel anchor wall instead of a concrete one as shown on the attached plans. Sincerely, J. LOWELL ASSOCIATES L. Jeff Lowell,PLS CITY OF SALEM CONSERVATION COMMISSION November 4, 2013 Luke Fabbri Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 Re: Order of Conditions—DEP #64-556: 8 & 10 Franklin Street Dear Mr. Fabbri: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (November 4, 2013), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park, 45 Congress Street, Suite 4100, Salem, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, To Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Craig Burnham { s Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File#64-556 I WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town A. General Information Please note: Salem this form has 1. From. been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Craig Burnham Important: a. First Name b. Last Name When filling Fortunate Son Realty Trust out forms on c.Organization the 14 Franklin Street computer,use only the d. Mailing Address tab key to Salem MA 01970 move your e. City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. r� a. First Name b. Last Name c.Organization renvn J. Mailing Address e. City/Town f. State g.Zip Code 5. Project Location: 8 & 10 Franklin Street Salem a. Street Address b. City/Town 26 405 & 406 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d32m17s 70d53m48s d. Latitude e. Longitude wpaform5 doc• rev.05/192010 Page 1 or 12 i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 — Order of Conditions MassDEPFile# \1 Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 eDEP-Transaction# Salem City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): South Essex a. County b. Certificate Number(if registered land) 6918 154 c. Book d. Page 7. Dates: 9/12/2013 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Dale of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): PLAN OF PROPOSED IMPROVEMENTS, NORTH RIVER BULKHEAD REPAIRS, 8-10 FRANKLIN STREET, SALEM, MA J. Lowell Associates Lloyd J. Lowell b. Prepared By c.Signed and Stamped by 7/21/2013 1"=20' d. Final Revision Date e. Scale ' f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ❑ Public Water Supply b. ❑ P Land Containing Shellfish c. Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2 This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc rav 05/192010 Page 2 of 12 3 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 - Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act and a final Order of Conditions p nd dons is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c.linear feet d, linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d. square feet 6. ❑ Land Under Waterbodies and a. square feet b. square feet c. square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c. square feet d. square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g. cubic feet h. cubic feet 6. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e. cubic feet f, cubic feet s. ❑ Riverfront Area a.total sq. feet b. total sq.feet Sq ft within 100 ft — c.squarefeet d. square feet e.square feel f.square feet Sq ft between 100- 200 ft g.square feet h. square feet i. square feet j. square feet woarorm5.doo- rev.05/1912010 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement o. [I Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b. square feet c.Gy dredged d. Gy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13, ® Coastal Beaches 289 289 cu yd cu yd a.square feet b. square feet c.nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c. nourishment d. nourishment 15. ® Coastal Banks 131 131 a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b.square feet c.Gy dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.Gy dredged b.Gy dredged 21. ® Land Subject to 20687 20687 Coastal Storm a.square feet b square feet Flowage wpaforn15.doc- rev.05/19MIO Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 - Order of Conditions MassDEP Pile# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) #22. If the project is for 22. ElRestoration/Enhancement ': the purpose of restoring or s. uare feet of BVW enhancing a a q b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act Section B.5.c 1T B. c or (Salt The following conditions are only applicable to Approved projects. 17. (S Marsh)above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. 9 Y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 11/4/2016 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. ,,palorm5.doc• rev.0511912010 Page 5&12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 64-556 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13, The work shall conform to the plans and special conditions referenced in this order. 14, Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. ,,paform5.doc- rev.05/192010 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project') is (t) ❑ is not(2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. opatonn5.doc- rev.05119/2010 Page 7 of 12 J Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransntion# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. ,vparorm5.dac• rev.0511912010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the to shall indicat e toth the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpa(orm5.doe- rev.05/19/2010 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: _ Bureau of Resource Protection - Wetlands 64-556 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a, ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection & Conservation Ordinance c.50 1. Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance ,,form5,doc- rev.05/192010 Page 10 of 12 S Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64- WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special I y condition pursuant to General Conditions#4,from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. Number of Signers The Order must be mailed by certified mail (return receipt requested)or an deliv d he applicant. A copy also must be mailed or hand delivered at the same time to the appr on to a me t of Environmental Protection Regional Office, if not filing electronically, and he ow r, if different from applicant. Si ❑ by hand delivery on by certified mail, return receipt reqste r on l Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction, wpatorm5.doc- rev.0 5/1 912 01 0 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-566 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5 doc- rev.0M1912010 Page 12 of 12 r+e�� Attachment to Order of Conditions Tt; DEP#64-556 y Page 1 of 5 SALEM CONSERVATION COMMISSION Attachment to Order of Conditions DEP FILE#64-556 8& 10 Franklin Street City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (online,9/18/2013) from Natural Heritage&Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife,it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contain any vernal pools. This order permits the repair and modification of an existing wooden bulkhead,railway ramp, and pier, per plans cited below and modified plans to be approved by the Conservation Agent prior to construction. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (including all 5 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance.A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 50. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site,a sign showing DEP File#64-556 must be installed at the entrance to the site and be visible from the public way,but not placed on a living tree. 5. No work approved in this Order may commence until the ten (10) day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent, officers, or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131, Section 40, the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions.The Comm ssion shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. �r Attachment to Order of Conditions qq DET#64-556 , .' Page 2 of 5 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: a. Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corps of Engineers. b. Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. c. Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00.Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. d. Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Approved Plans: PLAN OF PROPOSED IMPROVEMENTS NORTH RIVER BULKHEAD REPAIRS 8-10 FRANKLIN STREET SALEM,MA (Title) July 21, 2013 (Dated) Lloyd J.Lowell (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission.The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. y Attachment to Ordcr of Conditions aT° DFT#64-556 Page 3 of 5 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued, the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number_ as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above, there must be a Pre-Construction Meeting on site between the project supervisor, the contractor responsible for the work,and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood.The staked sediment control line shall be adjusted,if necessary, during the pre-construction meeting. Please contact the Conservation Agent at(978) 619-5685 at least forty-eight(48) hours prior to construction to arrange for the Pre- Construction Meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site, sediment controls shall be installed as shown on the approval plan(s) and details.The Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre- construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-construction meeting if absolutely necessary in order to place sediment control measures where required. 21. There shall be an adequate reserve supply of perimeter sediment control devices stored under cover on the site to be used for emergency sediment control purposes. EROSION PREVENTION AND SEDIMENT CONTROL 22. Appropriate sediment control devices shall be in place prior to the beginning of any phase of construction,and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion prevention and sediment control measures shown on the approval plan(s) or S%VPPP and provisions in the Order will be the minimum standards for this project; the Commission or its Agent may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. Material stockpiles shall be protected from contact with stormwater using a temporary perimeter sediment barrier such as fiber roll, compost filter tube or silt fence. Stockpiles shall be covered or appropriate temporary erosion control stabilization method applied to minimize sediment discharge. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated sediment adjacent to the barriers shall be removed when it reaches one-half of the above ground height of the barrier). 25. Disturbed areas shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be treated by an appropriate method that may include sediment traps, filtration systems (bag or sand �a:- •e� Attachment to Order of Conditions 4 i DEP#64-556 ,. Page 4 of 5 filter) dewatering tanks or other means approved by the Commission or its Administrator, prior to discharge. 27. Within fourteen (14) days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be temporarily or permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer than fourteen (14) days, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s) approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the sediment barriers shown on the approved plan(s). 31. All waste products,including construction materials, etc. shall be deposited in waste containers of sufficient size to contain waste. 32. Building products shall be stored either under cover to prevent products from coming into contact with rainwater or similar effective means to prevent the discharge of pollutants. Diesel fuel,oil and hydraulic fluids,and other petroleum products shall be stored in water-tight containers and under cover(plastic sheeting or temporary roof) to prevent products from coming into contact with rainwater or provide secondary containment. 33. Hazardous wastes (paints, solvents,curing compounds,acids) shall be separated from construction waste and stored in sealed containers suitable to prevent leakage and corrosion and labeled in accordance with applicable federal and state requirements. Outside storage of containers shall contain secondary containment or similar effective means to prevent discharge of pollutants. 34. Concrete trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Concrete washwater shall be directed to a leak-proof container or pit. Any deposit of cement,concrete or masonry products into a buffer zone or wedand resource area shall be immediately removed. 35. All exposed sub-sods shall be covered by a minimum of three(3) inches of quality screened loam topsoil prior to seeding and final stabilization. 36. Immediately following drainage structure installation all inlets shall be protected by inlet protection to remove sediment from the discharge before it enters the drainage system. Inlet protection measures may include woven filter fabric, concrete blocks with clean washed stone. Inlet protection measures may be removed in the event that the measure floods. 37. There shall be no pumping of water from wetland resource areas. 38. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 39. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 40. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including, but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. iTM4:i4 Attachment to Ordcr of Conditions UEP#64-556_ Page 5 of 5 AFTER CONSTRUCTION 41. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): a. A Completed Request for a Certificate of Compliance form (IXTA Form 8A or other form if required by the Conservation Commission at the time of request). b. A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. c. An "As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: i. All wetland resource area boundaries with associated buffer zones and regulatory ry setback areas taken from the plan(s) approved in this Order of Conditions; ii. Locations and elevations of all stotmwater management conveyances, structures and best management designs,including foundation drains, constructed under this Order within any wetland resource area or buffer zone; iii. Distances from any structures constructed under this Order to wetland resource areas - "structures"include, but are not limited to,all buildings,septic system components,wells,utility lines, fences,retaining walls,and roads/driveways; iv. A line delineating the limit of work- "work"includes any filling, excavating and/or disturbance of soils or vegetation approved under this Order•, 42. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 43. If the completed work differs from that in the original plans and conditions, the report must specify, how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. ADDITIONAL CONDITIONS 45. Prior to start of construction, applicant shall submit to the Conservation Agent for review and approval a plan, stamped by a registered structural engineer,including the following modifications: (1) Landward shift in the location of the bulkhead to compensate for the loss of coastal beach resulting from elimination of the marine ramp; (2) Revised bulkhead design at edges of property to reduce potential for scouring. Enter your transmittal number X257452 ' Transmittal Number Your unique Transmittal Number can be accessed online: http://mass.gov/dep/service/onlineltrasmfrm.shtmi Massachusetts Department of Environmental Protection ' Transmittal Form for Permit Application and Payment 1. Please type or A. Permit Information ' print.A separate Transmittal Form WPA Form3 Notice of Intent must be completed 1.Permit Code:7 or 8 character code from permit instructions 2. Name of Permit Category for each permit Repair and modify existing bulkhead railway ramp and pier. application. ' 3.Type of Project or Activity 2. Make your check payable to B. Applicant Information - Firm or Individual the Commonwealth of Massachusetts Fortunate Son Realty Trust and mail it with a 1.Name of Firm-Or,if party needing this approval is an individual enter name below: copy of this form to: Burnham Craig DEP,P.O.Box 4062,Boston,MA 2. Last Name of Individual 3.First Name of Individual 4.MI 02211. 14 Franklin Street 5.Street Address 3. Three copies of Salem MA 01970 978 745-1788 this form will be 6.CityfTown 7.State 8.Zip Code 9.Telephone# 10.Ext.# ' needed. Craig Burnham Copy 1 -the 11.Contact Person 12.e-mail address(optional) original must accompany your ' permit application. C. Facility, Site or Individual Requiring Approval Copy 2 must accompany your fee payment. 1.Name of Facility,Site Or Individual Copy 3 should be 8 - 10 Franklin Street retained for your 2.Street Address records Salem MA 01970 978 745-1788 4. Both fee-paying 3.CityrFown 4.State 5.Zip Code 6.Telephone# 7.EM.# and exempt applicants must 8.DEP Facility Number(if Known) 9.Federal I.D.Number(if Known) 10.BWSC Tracking#(if Known) mail a copy of this transmittal form to: D. Application Prepared by (if different from Section B)" P P.O.Box 4062 Geological Field Services Inc. P.O.Bo Boston,MA 1.Name of Finn Or Individual 02211 14 Hubon St 2.Address Salem MA 01970 978 594-1376 •Note: 3.City/Town 4.State 5.Zip Code 6.Telephone# 7.Ext.# For BWSC Permits, Luke Fabbrl enter the LSP. 8.Contact Person 9.LSP Number(BWSC Permits only) E. Permit- Project Coordination 1. Is this project subject to MEPA review? ❑yes Eno If yes, enter the projects EOEA file number-assigned when an Environmental Notification Form is submitted to the MEPA unit: EOEA File Number F. Amount Due DEP Use Only Special Provisions: 1. ❑Fee Exempt(city,town or municipal housing authority)(state agency if fee is$100 or less). Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status. 2. ❑ Hardship Request-payment extensions according to 310 CMR 4.04(3)(c). Rec'd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4,05 and 4.10). 4. ❑Homeowner(according to 310 CMR 4.02). Reviewer: 13301 335.5 9/6/2013 Check Number Dollar Amount Date tr-formw2.doc•rev. 1107 Page 1 of 1 Massachusetts Department of Environmental Protection Provided by MassbEP 7 va Bureau of Resource Protection - Wetlands ,.MassDEP File Number WPA Form 3 - Notice of Intent r Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number,Salem Cityrrown ImporWhenfllin A. General Information ' When filling out forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 8 - 10 Franklin Street Salem 01970 cursor-do not a.Street Address b.City/Town c.Zip Code use the return key' Latitude and Longitude: 423217 705348 d.Latitude e.Longitude 4 � 26 05 &406 f.Assessors Map/Plat Number g.Parcel/Lot Number po 2. Applicant: Craig Burnham a.First Name b.Last Name Note: Fortunate Son Realty Trust Before c.Organization completing this 14 Franklin Street form consult your local d.Street Address Conservation Salem MA 01970 Commission e.Cityrrown I.State g.Zip Code regarding any g78 745 1788 municipal bylaw or ordinance. h.Phone Number i. Fax Number j.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner Same 1 a.First Name b.Last Name c.Organization d.Street Address e.Cityrrown f.State g.Zip Code h.Phone Number i.Fax Number j.Email address 4. Representative (if any): Luke Fabbri a. First Name b.Last Name Geological Field Services, Inc. c.Company 156 Tremont Street d.Street Address Melrose MA 02176 e.Cityrrown f.State g.Zip Code 781 662-9800 lafabbri.gfs@hotmail.com h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $696 $335.5 $360.50 ' a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev. 11/16/09 Page 1 of 8 Massachusetts Department of Environmental Protection Provided by Ma§aDEP Bureau of Resource Protection - Wetlands ivlassDEP File Number-; WPA Form 3 — Notice of Intent Document:Transaction Num Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City[Town A. General Information (continued) 6. General Project Description: Remove 131 feet of existing dilpitated bulkhead, marine railway, and pier and replace with 116 feet of steel sheeting bulkhead, w/concrete wall deadman, closing in and filling the existing railway ramp and pier. 7a. Project Type Checklist: 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ® Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR ' 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project: 2.Limited Project 8. Property recorded at the Registry of Deeds for: Essex a.County b.Certificate#(if registered land) 6918 154 c.Book d.Page Number eB. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). ' Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects affecting other ' Resource Areas, a. ❑ Bank 1.linear feet 2.linear feet please attach a narrative b. ❑ Bordering Vegetated explaining how Wetland 1.square feet 2.square feet the resource area was c. ❑ Land Under 1.square feet 2.square feet delineated. Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev. 11/16/09 Page 2 of 8 Massachusetts Department of Environmental Protection Provided byMassDEP �3 Bureau of Resource Protection - Wetlands RFi ` j-, �.MassDEP File Number�+ ,. WPA Form 3 - Notice of Intent ° d a Document Transaction Number j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 'W Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (contrd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land 0 Subject to Flooding 1.square feet 2.square feet 0 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced North River f. Z Riverfront Area 1.Name of Waterway(if available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only E 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: 20687 square feet 4. Proposed alteration of the Riverfront Area: 0 0 0 a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes Z No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Z Yes❑ No t3. E Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt page) b. ❑ Land Under the Ocean I.square feet with all supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment wpaform3.doc•rev. 11/16/09 Page 3 of 8 L Massachusetts Department of Environmental Protection Provided by MassDEP u A4 Bureau of Resource Protection - Wetlands ' �. MassDEP File Numberx ( 1 WPA Form 3 - Notice of Intent � g Document Trahsacbon Numbed Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ® Coastal Banks 131 1.linear feet g. ❑ Rocky Intertidal Shores 1.square feet h.❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged I. ® Land Subject to 20687 Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to hftp://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer.htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 2013 Route 135, North Drive b. Date of map Westborough, MA 01681 wpaform3.doc•rev. 11/16/09 Page 4 of 8 I � Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands MassDEP File Number, , WPA Form 3 - Notice of Intent r v Document Transaction Numbery' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent(NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review. 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work'•- (a)❑ Project description (including description of impacts outside of wetland resource area & bufferzone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: hftp://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit. (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatorV review/mesa/mesa exemptions htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented(321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev. 11/16/09 Page 5 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP > 7 _, ` r A Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent �;x� Q . ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _Document Transaction Numtier, Salem alem_�_ City/Town C. Other Applicable Standards and Requirements (cont'd) 3.❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management ' Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable—project is in inland resource area only b. ® Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore- Hull to New Hampshire: Island, and the Cape& Islands: 1 Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CM 10.05(6)(k)-(q)and check if: 1.❑ Applying for Low Impact Development(LID) site design credits(as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2.❑ A portion of the site constitutes redevelopment ' 3.❑ Proprietary BMPs are included in the Stormwater Management System. b.® No. Check why the project is exempt: 1.❑ Single-family house wpaform3.doc•rev.11/16/09 Page 6 of 8 I Massachusetts Department of Environmental Protection Provided by MassDEPP* Bureau of Resource Protection - Wetlands fiMassDEP File Number WPA Form 3 — Notice of Intent " av Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §4U Salem ®' City/Town C. Other Applicable Standards and Requirements (cont'd) 2.❑ Emergency road repair 1 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page) for any of the ' following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. 1 (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to ' the boundaries of each affected resource area. 3. ❑ Identify the method for BVW and other resource area boundary delineations(MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. 0 List the titles and dates for all plans and other materials submitted with this NOL Plan of Proposed Improvements, North River Bulkhead Repairs 8-10 Franklin Street, Salem a.Plan Title J. Lowell Associates. Jeff Lowell b.Prepared By c.Signed and Stamped by July 21, 2013 1"=20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Dale 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ® Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ® Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wpafon-n1doc•rev. 11/16/09 Page 7 of 8 �I Massachusetts Department of Environmental Protection Provided by MassDEP77 Bureau of Resource Protection - Wetlands j MassDEP File Number + _ WPA Form 3 - Notice of Intent z " Nbe Document Transaction um r_ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem _y Cit [Town ' E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 13300 9/6/2013 2.Municipal Check Number 3.Check date 13301 9/6/2013 4.State Check Number 5.Check date Geological Field Services Inc. 6.Payor name on check: First Name 7.Payor name on check:Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that ' the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certif ail (re4reiptrequested)to all abutters within 100 feet of the property line of the project locati 1. ignatur of Applicant 2. ate ' 3. igna er(if different) 4.Date O`er+ ignature epresentaliva(if an 6.bate For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc•rev. 11/16/09 Page 8 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important:When A. Applicant Information filling out forms on the computer, 1. Applicant: use only the tab key to move your Craig Burnham cursor-do not a.First Name b.Last Name use the return key. Fortunate Son Realty Trust c.Organization VQ 14 Franklin Street d.Mailing Address Salem MA 01970 . e.City/Town f.State g.Zip Code 978 745-1788 h.Phone Number i.Fax Number j. Email Address 2. Property Owner(if different): Same a.First Name b.Last Name c.Organization d.Mailing Address e.CitylTown f.State g.Zip Code In.Phone Number i.Fax Number j.Email Address 3. Project Location: 8 - 10 Franklin Street Salem a.Street Address b.City/Town To calculate B. Fees fling fees,refer to the category fee list and The fee should be calculated using the following p six-ste process and worksheet. Please see examples in the Instructions before filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and Form 3(Notice of Intent). buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2) times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/1rotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wpafovn3.doc•Wetland Fee Transmittal Forn•rev.2121108 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/individual Fee Activity Fee Replacement of coastal bulkhead. 116 6 696 r Step 5/1rotal Project Fee: 696 Step 6/Fee Payments: Total Project Fee: 696 a.Total Fee from Step 5 State share of filing Fee: 335.50 b.112 Total Fee less$12.50 City/Town share of filling Fee: 360.5 c. 1/2 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent, a copy of this form, and the city/town fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpafor ldoc•Wetland Fee Transmittal Form•rev.221/08 Page 2 of PROJECT NARRATIVE 8-10 FRANKLIN STREET SALEM,MASSACHUSETTS A. INTRODUCTION This Notice of Intent (NOI) is being submitted by the Fortunate Son Realty Trust for the repair and modification of an existing wooden bulkhead and railway ramp and pier previously use for launching boats. All three structures are permitted under Chapter 91. Because of the requested modification to the railway ramp and pier a new Chapter 91 License will be sought in addition to this filing. The property subject to this NOI is located at 8-10 Franklin Street in Salem. The location of the property is shown on Figure 1 —MassDEP Priority Resource Map and Figure 2 Oliver MassGIS's Online Mapping Tool. Photographs of the existing structures are presented in the Photo Log. B. PROJECT BACKGROUND The Fortunate Son Realty Trust purchased the property at 8-10 Franklin Street early in 2010. The property had been used as a boat yard for decades and was covered with dilapidated boats, floats and other related debris. The property had two small buildings, a shed and a trailer that were in distressed condition. After purchasing the property the applicant proceeded to have all of debris removed including the buildings, shed and trailer. In total(30) 30-cubic yards trailers of debris were removed for disposal and recycling. After removing the debris the applicant spread 2-inches of crushed stone over the existing gravel from Franklin Street to approximately 75 feet from the existing bulkhead. On October 29, 2010, the Fortunate Son Realty Trust was issued a positive Determination of Applicability and an Enforcement Order by the Salem Conservation Commission for working in an Area Subject to Protection Under the Wetlands Protection Act(MGL Chapter 131, Section 40) without an Order of Conditions (Order). The work had included the removal of two small buildings, one shed, one trailer,boat debris from the former boat yard and spreading of 2-inches of gravel. Fortunate Son Realty Trust filed an NOI a received an Order. The Order was recorded and a request for a Certificate of j Completion was filed for. The Certificate of Completion was recorded on August 3, 2012, at the Southern Essex Registry of Deeds on Page 1 of Book 31588. This NOI is being submitted for the repair and modification of the existing wooden bulkhead and railway ramp and pier previously use by the former boat yard for launching boats. Both existing structures are permitted under Chapter 91. A copy of the license is presented in Appendix A C. PROJECT DESCRIPTION The proposed project consists of removing an existing wooden bulkhead, railway and pier that were permitted in 1997 under Chapter 91 license 4980 and replacing them with a steel-sheeting bulkhead held in place with a buried four-foot high, nine-inch thick reinforced concrete anchor wall and tie-backs. A copy of the 1997 Chapter 91 plan is attached as Appendix A and plans for the proposed project are presented as Appendix B. Plans for the Chapter 91 application to be filed with the Department of Environmental Protection are presented in Appendix C. The existing bulkhead is 131 feet long including the sidewall of the existing railroad ramp. The proposed bulkhead is 116 feet long. It is shorter because it extends across the railroad ramp instead of forming the sidewall. The proposed bulkhead would close off the existing railway ramp and pier. The concrete anchor wall will be set 35-feet back from the bulkhead and approximately 18 inches below existing grade. Excess fill displaced by the concrete anchor wall will be used as backfill in the railroad ramp area. The top of the bulkhead will be 12.6 feet, above MHW (9.0' NAVD88)) and below FEMA Zone AE Elevation of 13.7' (MLW). The proposed top of the bulkhead elevation was the permitted elevation in 1997 before the existing wall failed. The railway ramp and pier area and volume to be filled is a total of 455 square feet and 60 cubic yards of which 226 square feet and 9 cubic yards are located between MHW and the proposed bulkhead. Prior to removing the existing structure, a floating boom with silt curtain will be installed in an arch from one end of the proposed bulkhead to the other and anchored in place. The silt curtain will be 10 feet long so that it touches the bottom at high tide. Next the existing bulkhead, railway, and pier will be removed along with the debris that has spilled over and into the adjacent wetland resource area. The debris includes concrete, concrete block,wood beams, and previously used to stabilize the failing bulkhead. All solid waste will be place into dumpsters for off site disposal. Following the removal of the structure a new steel-sheeting bulkhead will be driven the width of the property as shown on the plan presented in Appendix B and C. Work on the bulkhead will be performed on the outgoing tide and will cease when the tide returns to the work area. Siltation fence will be place on the landside of the bulkhead while the tiebacks are being installed. All soil stockpiles will be surrounded with silt fence at the end of each workday. When work is complete the area will be dressed with crushed stone and returned to final grade. D. RESOURCE AREAS Resource areas defined under the Wetlands Protection Act that are affected by this project include Costal Bank,Land Subject to Costal Storm Flowage and tidal flats. Land Under The Ocean (310 CMR 10.25) Land Under the Ocean (LUO) is defined as "land extending from the mean low water line seaward to the boundary of the municipality's jurisdiction and includes land under estuaries. The project takes place entirely above mean low water and does include any Land Under Ocean. Designated Port Areas (310 CMR 10.26) Designated Port Areas means those areas designated in 301 CMR 25.00 of the Coastal Zone Management Regulations. There Project area is not a "Designated Port Area. " Coastal Beach (310 CMR 10.27) Coastal Beach means unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal beaches extend from the mean low water line landward to the dune, coastal bank or the seaward edge of existing man-made structures,when these structures replace one of the above lines, whichever is closest to the ocean. This project takes places with the manmade structures and does not include any coastal beach. 1 Tidal Flats (310 CMR 10.27) Tidal Flat means any nearly level part of a coastal beach which usually extends from the mean low water line landward to the more steeply sloping face of the coastal beach or which may be separated from the beach by land under the ocean. Inside the railroad ramp area there are 226 square feet of tidal flats. The area was filed when the ramp was constructed and later permitted in 1997. This tidal area is shown to be outside of the shellfish habitat on Figure 2. ' Coastal Dune(310 CMR 10.28) Coastal Dune means any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal dune also means sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control. There are no coastal dunes present at this Project. IBarrier Beaches (310 CMR 10.29) Barrier Beach means a narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast. It is separated from the mainland by a narrow body of fresh, brackish or saline water or a marsh system. A barrier beach may be joined to the mainland at one or both ends. The Project area is not a Barrier Beach. i Costal Bank(310 CMR 10.30) Coastal Bank means the seaward face or side of any elevated landform, other than a coastal dune,which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland. The Costal Bank is the existing bulkhead the top of which was 12.6 feet according to the 1997 Chapter 91 license. A significant amount of the existing bulkhead has crumbled and fallen into the oceanside of the bulkhead. The existing bulkhead is 131 feet long including the sidewall of the existing railroad ramp. The proposed bulkhead is 116 feet long. It is shorter because it extends across the railroad ramp instead offorming the sidewall. When a proposed project involves the dredging, filling,removing or altering of a bank of a fish run, or land under the ocean, or under a pond, stream, river, lake or creek which is a fish run, the issuing authority shall presume that such bank or land is significant to the protection of marine fisheries. This presumption may be overcome only upon a clear showing that such bank or land does not play a role in the protection of marine fisheries, and if the issuing authority makes a written determination to that effect. MHW comes two feet up the existing bulkhead. The rest of the time the bulkhead is dry. Because it is manmade and out of the water most of the tide cycle the bulkhead is not considered significant to the protection of marine fisheries. We request the Commission to confirm this with a written determination to that effect. Rocky Intertidal Shores (310 CMR 10.31) Rocky Intertidal Shores means naturally occurring rocky areas, such as bedrock or boulder-strewn areas between the mean high water line and the mean low water line. There are no naturally occurring rocky areas associated with the project. The existing boulders and concrete pieces were placed by the previous owner in an effort to stabilize the bulkhead. Salt Marshes (310 CMR 10.32) Salt Marsh means a coastal wetland that extends landward up to the highest high tide line, that is,the highest spring tide of the year, and is characterized by plants that are well adapted to or prefer living in, saline soils. Dominant plants within salt marshes are salt meadow cord grass (Spartina patens) and/or salt marsh cord grass (Spartina alterniflora). A salt marsh may contain tidal creeks, ditches and pools. There are no salt marshes associated with the Project. Land Under Salt Ponds (310 CMR 10.33) Salt Pond means a shallow enclosed or semi-enclosed body of saline water that may be partially or totally restricted by barrier beach formation. Salt ponds may receive freshwater from small streams emptying into their upper reaches and/or springs in the salt pond itself. i � There are no salt ponds associated with the Project. ILand Containing Shellfish (310 CMR 10.34) Land Containing Shellfish is defined as "land under the ocean,tidal flats,rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish." Land Containing Shellfish may exist within the intertidal and subtidal areas, which include LUO. Land Containing Shellfish shall be found significant when it has been determined and mapped as follows: by the Conservation Commission or the Department in consultation with DMF and based upon maps and designations of DMF; or by the Conservation Commission or the Department based on maps and written documentation of the shellfish constable or the Department. In making such identification and maps,the following factors shall be taken into account and documented: the density of shellfish, the size of the area and the historical and current importance of the area to recreational or commercial shellfishing. Currently, no maps exist that identify this intertidal area adjacent to and including the bulkhead as significant shellfish areas. DMF maps indicate that this area is and has been for many years closed to shell fishing due to high bacterial contamination. The Mass GIS shellfish suitability maps (Figure 2) do not indicate the project area as being potentially for suitable shellfish habitat. Banks of or Land Under The Ocean,Ponds, Streams,Rivers, Lakes, Or Creeks That Underlie Anadromous/Catadromos Fish Run (310 CMR 10.35) The land under the ocean, ponds, streams, rivers, lakes, or creeks that underlie anadromous/catadromous fish run is defined as "that area within...rivers...which is a spawning or feeding ground or passageway for anadromous or catadromous and which is ' identified by the DMF or has been mapped on the Coastal Atlas of the Costal Zone Management Program." The North River is known to contain river herring (alewife, Alosa pseudoharengus, and blueback herring Alosa aestivalis and smelt(Osmera mordax). MHW comes two feet up the existing bulkhead. The rest of the time the bulkhead is dry. Because it is manmade and out of the water most of the tide cycle the bulkhead and is therefore not considered significant to the protection of marine fisheries. This project will not adversely affect the fish run by impeding or obstructing the migration offish, changing the volume or rate of f ow water, or impairing the capacity of spawning or nursing habitats necessary to sustain the various life stages of the fish. Land Subject to Costal Storm Flowage The Land Subject to Costal Storm Flowage includes the entire property of approximately 20,687 square feet. The area of the railroad ramp is 455 square feet with 38 square feet outside the proposed bulkhead. The area inside the railway ramp between MHW and the proposed bulkhead is 226 square feet. Approximately 60 cubic yards of fill from the t concrete anchor wall will be used to fill the railroad ramp area. Nine cubic yards will be placed between MHW and the proposed bulkhead. The total volume is not significant and will have no measurable impact on the Land Subject to Costal Storm Flowage. E. PERMITING This project is located in Resource Areas defined and protected under the Wetlands Protection Act and is subject to the jurisdiction of Chapter 91. The applicant will be applying for a new Chapter 91 license pending the outcome of this NOI. F. PUBIC NOTICE An Affidavit of Service for notification of abutters an abutters list provide by the City are presented in Appendix D G. CONCLUSIONS The project area is in a state of disrepair as was the rest of the property when it was purchased. The applicant cleared the rest of the property of tons of solid waste that was the result of decades of accumulation. The existing bulkhead has failed and is allowing uncontrolled erosion the land to onto the tidal flats adjacent to the property. Under the existing Chapter 91 license the owner is required to repair and maintain the bulkhead, li railway ramp and pier. The owner has no desire for the continued use of the railway ramp and would like to fill it to grade. The area below MHW inside the ramp is 226 square feet and 9 cubic yards in volume. This change is insignificant and having a straight continuous bulkhead will help prevent erosion and will be more aesthetically pleasing. san6i� si dogmar r w ■� r �s r � mom r , A fir' ,w [w m Mew " om an MassDEP - Bureau of Waste Site Cleanup Site Information: MCP Numerical Ranking System Map: 500 feet & 0.5 Mile Radii 10 FRANKLIN STREET SALEM,MA The information shown Is the best available at the date of panting.However,it maybe inwmtely n The M a s s D E P NAD89 mN Meters: responsible party and a co are ultimately surrounding nsible OT098inber ,2013 mE(lane:19) site. .Mascertdata f the to l conditions sho n an this the _ September 4,2013 site.and at:to for data layers shown on this map can Deparmwent dE virun be found at: Department m Endmnmental Protection htto://www.mass.gov/mgis/. / M . . . .. ..d.SE, - .,• u11 1 L 6TRe61 � r e r Rom ..9 u !.EDGE./ � SON - � " e oesrt '�a, sue•. ^ DERBY''. �. A �s.� v • sense' g a Wf3tiARF �/ •1 cpT ��.. ,.� y \ f 9� LYKpr91RFET 500 m j `tea r Collins,Wad. Selma , . x-2 Roads:Limited Access,Divided,Other Hwy,Major Road,Minor Road,Track,Trail PWS Protection Areas.Zone II,IWPA,Zone A............®®® Boundaries:Town,County,DEP Region;Train,Powerline:Pipeline;Aqueduct Hydrography:Open Water,PWS Reservoir,Tidal Flat . Wetlands:Freshwater,Saltwater,Cranberry Bog ......... Basins:Major,P WS; Streams:Perennial,Intermittent,Man Made Shore,Dam FEMA 100yr Floodplainl Protected Open Space;ACEC ....0 Aquifers:Medium Yield,High Yield,EPA Sole Source......==OEst.Rare Wetland Wildlife Hab;Vernal Pool:Carl.,Potential® WJ wJ Non Potential lIrmldmg Water Source Area:Medium High(Yield) Solid Waste Landfill;PWS:Cam.GW,SW,Emerg.,Non-Com.® ©© i I t 1 L 1 T 1 1 DIVER 9/5/13 8:32 AM h �'�'�'�"�"-':....o-;-�.�^,_ � �-.� .,�..�.-- �"�^-- •�-�c-_.—.,�.- —.•-.��-.. _�-F mom- � OLIVER eWissGIS's Online Mappmg.Tool -What's New in OLIVER ` x��� ": Search for a location ` f Plck a town 8 ^f x 10 13.15 c , 1 i 9 30 00 E 16 K t } 12 03 r L s � L . \ A Y T. 1 �~ , •Y G 3 4 � t � I m j ttp://maps.massgis.state.ma.us/map_ol/oliver.php Page 1 of 1 Shellfish Suitability Areas JE) AM ERI CAN OYST ER k®i BAY S CALLO P + ' B LLI E MUSSEL (�1 ELI RO P EAN OYST EFL OCEAN QUAHOG IMI QI_IAH 0 G RAZ 0 R C LAM f® SEA SC LLOP nISOFT -SHELLED CLAM IMISURF CLAM Tax. Parcels for Query Detailed Features Tax, Farce Is tructu re s A wpm m m m w an m m m Photos b 0 y « • � k; 9 f �,a �� a .�,�, + • e; '! KI t i .P64 • 41 Nt qkc`i r „ r n ts+ ti `•' �, ;$e lr4'�'a �t°�4YyY" F4 A"I y�1r6 » IL yq {� 4 M ii rG .4 •1 � ��}"y r kf Iff r 1 r ��� � ! "'1 ♦i i C � r J {' i '. a FFF � �3 e. x f 'At, k � e . t pi. ~qIw Sr -yam e J i i tCIA a ���aaarrr������v 7F r t�iy p 3/ ��7y� e •�YF i & l pPy j� { �n�a tw uo y xipueddy '"'d �"d d FOR REST STRY USE IN LY Y 1 CERTIFY THAT THIS PLAN CONFORMS TO THE RIl1 ES A" REGULATIONS OF THE REGISTERS OF DEEDS. Tk MN� I CERTIFY TRAY THE PROPERTY LINES SHOWN ARE THE LINES DIVIDING EXISTING OANERSNR78.AUD THE LINES OF STREETS AND WAY$ SHOWN ARE TIMM Of --- PN&LM ON PROMTE STETS ON WAYS ALREADY Aft& Q ESTA$LtSMEB, A*0 RD Imw Laws FOR DIVISION Of "ISTING OWNERSHIPS 60 FOR MEIN WATS AM-.. SHOWN. empTERyy 41 SECTION six BATE LOEM 4� ry ' 1AO a$ A1M �I THE BYORS FAAALY REALTY TRUST j 12 FRANKLIN STREET Lam.#S MAP 1 a� SCALE:1 .4404 M NOTES I NeO, l ELEVATIONS DATUM-t@AK LOW WATER(CLW=O.0) N 2.ENTIRE PROPERTY IS LOCATED ' I i9N WITHIN THE A2 FLOOD hIAZARO ZONE © AS DELINEATED BY F€IAA. SHED I ILOULS N.A4DREWS — HMHW SALEM ATLAS 1697 14 FRANKLIN STREET — ' CONC.BLOCK R€T.WALL WOOD IVA RET. MHW WALL �OT ' ` 4 �Y �w OM' 0 i � SG y swim 1 � Nc 3:OQ3 ' 5f MIDORI N6 x.. —FLOOD / E88-..-. ML W PLANS ACCOMPANYING DIAGRAM OF ,' p fR£O T K02LOML4K/ 8 OE60RAM R.KOZI@WSKI EXISTING SEAWALL,PIER & RAILWAY NORTH RRIER 5TREAM-LESS TKA N I'OEPTK SALES, ES'SEA COHNT-4 WA . "_30' AHS OST 14,IS" UC04M PLAN No. i NORTH SWORE SURVEY CORPORATION N 209 IYtMUOTOR ST. - SALEM,MA - �- I � . rIf O IO `Y$'30 60 � f SNEE T I OF 4 ac 183 ---- GATE DRAfTfl9I R t CERTIPY THM THE PWESTY UKES Ste# t rA � — THE LDS R3I3" H 3* A TN€ .^ . ..- Lt?IE$ OP STLE"&4 Ate W1111$ SRH A'R$ TJWt Of Pi sLx on FPE 'FL 8T fis EAR wm &tjwavy 68#Aft t"Me, Also so ass Lmrs P OF on"M 0WROMM" Off FOR NEW ISM k" BM". ' CHAPTER 41 segym ofX. DATE 060. PIMP. L AIM � i WOOD PIER 1 if2" x 4 112" 1 i f RALWAY Z Ii !S f112' x3- Z 22t2' x3- a i V Q � 3 METAL GRATE - - -,YC06fl R£T WALL 'f i w-7.0 -- i3.0 , ' PLAmE vww - WOW P£R 8 RAILWAY ( HORIZONTAL SCALE :r • w PLAMS ACCOUPANVINS PETITION OF _ Y` FRE 0 T KOZ LOWSKI & DE,"R AN R. KOZ LOWSKI Ext£TM SEAWALL, PIER S RAILWAY ' NORTH RIVER SALEIR,ESSEX C©UXTY, IRA ' SCALE AS ltMD AUGUST 12, 19" NORTH S*GRE SWWEY C"PORATION � 209 WASJUIGTiDX STRIET•SALEY. Riali DATE DRAFTS1 f CERTIFY THAT THE PROPERTY Lt1+.a,S Sti M ARE TW -_1Fd.�..._-- Of SgS iRtAYS 5 'AW 449S'£ OF - -- -1 8 OR PRNAn 5' ?S III} WAYS( 'A$. 3Y ESfA�1.45ti£.t , A4 L F{ 0 Tor o f FOR CWeTER 41 SMW , RE SNOWK seggs" GFvwl* 'I:t�K DATE P,�6ffiTEWD LAM SUMVEYOR 70 �— -8- x 1 If2" 6" x1112' 4 3' z4" 3' x1i/2" I 5 I ' E)wTt9IG BOTTOM ' END VWW PIER IiOmcKTAL scRLE : r - 2' vERTtCAL SCALE . r = 2' 1 '12" x VA0ABLE 6WT£4� 3'JANOOD RET. WALL- TOP PIER ELEv. = 13! 1 �3 6' x 1 fly iI•t 3" x 4" 3" z 1 112 + USL = 8-8 + EXST2.d_G_88TT( SIDE VIEW PiEN HOR124 3rAL SCAj F :r = 4' vE$tTr_AL SCALE:r : 4' . ?'�A6iS EaLC43rt+� -�•f3`P� ,.' s�PRED T.. K€ILd3t6 W 8�R. KULO os: ZWA Ftim B RIALWAY ' SAni�.�€�i�PS,ES%( COMITY, WA %AnkY ' t_ X, ' FOR RE6mTRr USE OKr IAA AT1E118�� T S Dow-2419 P*, f .9_- .- Ac DATE DRAFTSPERSOM cWr Tv BNMA09 THE ' l.1� A,�ls=MMIBMs�W66ee � slf hw'c awnem a Well EEL rE �Iq, L- ojd i DATE RE6WTER®FWQFE.SSWIAAL LAW&J tVEYOR 1&0 STEEL GRATE /WOW OECM16 {-x D'WOOD G Y G'W000 ' . 4C METAL RAM. TEL WHEEL ' Z-x B WOOD EMOTING BOTTOM END VIEW RAILWAY HORRwTAL SCALE:r.4• VERTICAL SCALE;r.4' METAL PPE METAL PIPE �}f 29.0 Tr 4"Y 10 Eft tNltwM EASY. . 12.6 2'x D-WOOD ' Y SEE YEW PoLLWAY — MM x 6B ' 'HOMOMTAL SCALE:r•4' VERTICAL SCALE: r.4: N& ' PLANS ACCOMOMI'EI 4 R10M OF ED PL 7,KO& WBW OEBEB ORR KO$OWSK1 DOSYM SEAWALL,PER t RAILWAY SCALE:smix COUNTY,0A ESN NOTED AUGUST M 1904 RORTN SOW SYLME.Y COMBRAT9A - 209 WASUS'"M STLE¢T-SALEM,MA t>Rtift MLW.0.0 Re alit ' 10 2 4 9 SHEET 4 OF 4 M93 Appendix B b �d d bd A Appendix C � � r � r a r a■� rat r : a r at a � ■ar r r b b d n I CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. I FURTHER CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH , F SSACHUSETTS. `y OF Mgss jv 10� -�.� LOWELL OYD LOWELL bp.gS4o4 DATE w e O � a 0 I 0 II :....::.: z JOcO p Zi•-.r' W M Q W w W W OZ ; EL Y N J z p w II ^N N a z I w - W J I 0 a v~i a IIVM 210HONV Q V ONOO „6 03SOdOLId J aw U J N !n Q O Q O 30N3d H t- J U II 1. :'!!i( Ills Q z z J p wOr Q uj FY - F a U J w w 0 U' Q m N W x ..:..:::::::: of w II wp o Q 0V3H51f18 ao 0 = 03SOdOad t- a ai w p } w k7LJ INIn xw LLJ ouj a �cnpwo N fl M � O z_ Np m Lo o (MIN) SNOIIVA313 Lo PLAN ACCOMPANYING PETITION OF: CRAIG BURNHAM TO PERFORM REPAIRS TO THE NORTH RIVER BULKHEAD AT 8-10 FRANKLIN STREET SALEM, MASSACHUSETTS DATE: JUNE 21, 2013 PLAN BY: J. LOWELL ASSOCIATES 21 FISH ST, PEMBROKE, MA SHEET 4 OF 4 N r am IIIIIIIIIIIIIIw an I CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. I FURTHER CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWE TH OF MASSACHUSETTS. .�voF Af,4 J. 4OYDJE WELL LOWELL Ido.35#04 DATE 15 _ FEMA ZONE AE EL=13.7' MLW - - (9.0' NAVD88) W = J Y co ^ 10 MHW (9.0 MLW g a w m a 5 /T a 0 _ F NAVD88 EL=0.0 w /i '`�— (=4.7' MLW) W 10 20 30 40 SECTION OA HORIZONTAL SCALE: 1" = 10' VERTICAL SCALE: 1" = 5' 0.0 MLW THE RELATION BETWEEN DATUM PLANES RELATIONSHIP TABLE ABOVE WAS DERIVED FROM FROM BETWEEN DATUM PUBLISHED INFORMATION FOR TIDAL STA. PLANES NAME "BEVERLY", BEVERLY HARBOR, MA; STATION I.D. 8442417 & NOAA CHART 13275. 15 Q `� .� - - - - - — J- - - _ ' PROPOSED 1"-2" 3 10 W' tO STEEL TIE-BACKS w r Li 35' o i m 11 SEE DETAIL SHEET 4. o z GROiNO w z IL5 �x�5��i% ao aW N o i � � dOO X U 10 20 30 40 50 60 7 SECTION © HORIZONTAL SCALE: 1" = 10' VERTICAL SCALE: 1" = 5' 5 0 2.5 5 10 0 5 10 VERTICAL � y HORIZONTAL �4 1 inch = 5 ft. 1 inch = 10 ft. PLAN ACCOMPANYING PETITION OF: CRAIG BURNHAM TO PERFORM REPAIRS TO THE NORTH RIVER BULKHEAD AT 8-10 FRANKLIN STREET SALEM, MASSACHUSETTS DATE: JUNE 21, 2013 PLAN BY: J. LOWELL ASSOCIATES 21 FISH ST, PEMBROKE, MA SHEET 3 OF 4 I CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. I FURTHER CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. qy OF ALbY6D L LL J. LOWELL No. DATE / SU Z Jii r, Q Jrn t� ¢ o w O Q0 v�10 w Q 00 $ � m ¢ � m QO 0 1-- u H H W (V\ an d O Q y Q (V d Z K � a- M0 M � Q1i N `-I W J W W _ ```` v_ J Or N a Q N 1. ------ 3 11 rn --------- w 3 z x!� w p D a W ; --0. � z0 m QQ > / k ¢ 3NV) 0 ZI w � � m 0 1 ¢ T- mKOf C 0 �- T O iE-BA J +I I F- O SYpiCP� +I fD II w o w 0 Cr U� I fl °u i i � >- x N Q � U ¢ 0 -H U�*pfflW�j a p i La= II W � 4O W0r7 ��Z4d0 2 \ W / 1 I Sc I NII Apo jn. 0 m< Y �� _ / I "D I n; >- w }. Q � pFW I 7 i i m -� ¢ gig ¢ OS 41Y O6du6.-gOm4.-1 - v - -' I W a In-a 1 I l01 1 i 2' / N . I In \ \ 1 I I l I(\ I 1 I � aO� w o o ly II n N Z 0 Qar� op0 `/ N 1 /\ - i N % 0 lyQ � ¢ � C�" i i II I N 0 d-\ (-) 0 O I PLAN ACCOMPANYING PETITION OF: CRAIG BURNHAM TO PERFORM REPAIRS TO THE NORTH RIVER BULKHEAD AT 8-10 FRANKLIN STREET SALEM, MASSACHUSETTS DATE: JULY 21, 2013 PLAN BY: J. LOWELL ASSOCIATES 21 FISH ST, PEMBROKE, MA SHEET 2 OF 4 I CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. I FURTHER CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN ACCORDANCE WITH THE RULES AND . LATIONS OF THE REGISTERS OF DEEDS OF THE OF MASSACHU T S. J. 2 A 0 15 30 LLOYD 'JEFF�wLtr e7' 2 — j ch = 30 Pt. DATE REBAR & j CAP FOUND GENERAL NOTE5 i "LV 1. HORIZONTAL DATUM: NAD83, MA STATE 33 STp� PLANE COORDINATE SYSTEM MAINLAND ZONE (UNITS:US SURVEY FEET) - --' C�gST�—TOP F a G<F FecV69yE� 2. VERTICAL DATUM: MEAN LOW WATER AL BAN 36F i ar (MLW). RIVER FRONT e 3. LOCUS IS ENTIRELY WITHIN FEMA ZONE AREA = AE ELEVATION 9 NAVD88 (=13.7 MLW). 20, 687t SQ. FT. REBAR. & 4. ALL OF LOCUS IS IN AN AREA SUBJECT / CAP FOUND TO COASTAL STORM FLOWAGE. 5. LOCUS IS COMPRISED OF ASSESSOR'S LOTS 405 & 406, MAP 26. Cb 8 FRANKLIN ST 13.2 6. LOCUS IS WITHIN THE NORTH RIVER #10 FRANKLIN ST. CANAL CORRIDOR NEIGHBORHOOD MIXED ��ti LOT 406 LOT 405 USE ZONING DISTRICT. COMBINED "' 7. THE COASTAL BANK IS CONSIDERED TO / LOT AREAS BE THE EXISTING BULKHEAD. ° 15,705 SQ. FT, REFERENCES: 12.8 1. FEMA CP #25009CO419F E.D. 7-3-12 W 2. PLOT PLAN BY HANCOCK SURVEY Sv ASSOCIATES PREPARED FOR 100 r0 d� BURNHAM ASSOCIATES DATED 5-3-10. ^ C�� �,Tr) t� 3. DEED BOOK 29457, PAGE 431 OgSTq� 9 of A k 4. PLANBOOK , PAGE 78 N 0 2 8 1 5. PLAN BOOK 319, PAGE 24 (DEP , HMHW SALEM �o LICENSE PLAN #4980) ATLAS 1897 6. PLAN #233 OF 1986 12.4 #12 FRANKLIN ST. 7. PLAN #141 OF 1964 N F BYORS 8. PLAN #214 OF 1941 ? IN, / REBAR & '�` �3e� 12.4 PROPOSED 9 CONC. CAP FOUND 3 (� ANCHOR WALL (WITH— Ss1200, OUT FOOTING) WITH #4 FRANKLIN ST. ¢¢� O�O`S \ ` I,, 1'-2" REBAR DEAD— N/F ANDREWS �r° l d� ��tj MAN TIE—BACKS 2"t HISTORIC r ,� BELOW GRADE O oo FLATS RIGHTS 15't ON CENTER cla>`co REBAR & HEPD -- ---- ------- -- CAP FOUND 2.3 PROP. BULK , 1 ROCK SEAWALL TO (TO END PROP. WALL) STONE ARMOR 12 n.6 47013'24°E O EXISTIN WAO ULKHEAD 131t LONG 11. dk5 w LOCUS MAP / t` (NOT TO Ro -�-- SCALE) s. . . j --- 6.5 -- -- 4 XISTING-PIER\ \\ \ Y�. LOCUS �PNKVN St. ---- -- - -----`------------------------ I 1 1 ,` "2:r- HEAD 116't LONG I I , ', ; NORTH -- -'---2:r ROP. S1EEL Bs1LR - -- �,- W ,., j ,fro RIVER - COMMUTE STA. �1AJL PLAN ACCOMPANYING PETITION OF: CRAIG BURNHAM _ TO PERFORM REPAIRS TO THE NORTH RIVER BULKHEAD AT 8-10 FRANKLIN STREET SALEM, MASSACHUSETTS DATE: JULY 21, 2013 PLAN BY: J. LOWELL ASSOCIATES 21 FISH ST, PEMBROKE, MA SHEET 1 OF 4 4 xipuaddy ri r �r � r r r r r � � � r r r .�■ r s r r � � ,,� � � r � r i � tr s A � a� � w � �d �d d d 1 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protections Act Submitted to MA Department of Environmental Protection and the Salem Conservation Commission I, Luke Fabbri, hereby certify under the pains and penalties of perjury that on September 9, 201 I gave notification to abutters in compliance with the second paragraph of Massachusetts iGeneral Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: Notice of Intent filed under Massachusetts Wetlands Protection Act by Geological Field Services, Inc. with the Salem Conservation Commission on September 9,2013, for the property located on 8— 10 Franklin Street, Salem,MA . The form of the notification, a list of the abutters to whom it was given and their address are attached to this Affidavit of Service. ame Date NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTIONS ACT In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,you are hereby notified of the following: A. The name of the applicant is Fortunate Sons Realty Trust. ' B. The applicant has filed a Notice of Intent with the Salem Conservation Commission with the Salem Conservation Commission to repair and modify and existing bulkhead, railway ramp and pier in an Area Subject to Protection Under the Wetlands Protection Act(MGL Chapter 131, Section 40). C. The address of the lot where the activity is proposed is 8— 10 Franklin Street, Salem, MA 01970. D. The Notice of Intent may be examined at the Salem Conservation Commission Office at City Hall Annex, 120 Washington Street, Salem MA. For more information call (978) 619-5685. Information regarding the time, date and place of the public hearing may also be obtained from the Salem Conservation Commission. For information call (978) 619- 5685. E. Copies of the Notice of Intent may be obtained from the applicant's representative, Geological field Services, Inc., 14 Hubon Street, Salem, MA 01970, or by calling 978 594-1376. Note: Notice of the public hearing, including its date, time and place, will be published at least five days in advance in the Salem Evening News. Furthermore,notification will be posted in the City Hall not less than 48-hours in advance. You may also contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact the Department of Environmental Protection, call: DEP-Northeast Region: 978 694-3200. CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS 1 BOARD/COMMISSION: Conservation Commission PROJECT SITE: 5-10 Franklin St DATE: 6/24/2013 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem,the names and addresses of those listed on the attached sheets are"abutters and property owners"(as defined by Wetlands Protection Act 310 CMR 10.05(4)(a))to the parcel(s)of land listed above as the project site. Assessor's Signature: Date: 6 a6 /3 Number of initialed pages attached: 0— Once Certified,Return to: Tom Devine,Department of Planning and Community Development Salem Web GIS-Map Page http://host.appgeo.com/salemma[Map.aspx e 4 ct• ti -.v g i New Property Search i i �— .Y' � Property ID 26_0406 . <�—� s / 402 251 N Address 8 FRANf I � t ' 26 04 Owner FORTUP rJ3 c 26_04Q3 Property ID 26_0405_0 % I Address 10 FRANKL i Owner FORTUNA7 Property ID 26_0404_0 Address 12 FRANKL 1L 14�317, Owner BYORS FA Property ID 26_0407_0 { ' f pax' ' Address 4 FRANKLI; Owner ANDREWS Property ID 26_0374 0 - Address 7 FRANKLII Owner ELPHICK A f � Property ID 26_0406_0 16_o057 =6 0423 /' Search 100... ft L 26 �L� 1 \ , ,, 382n Distance f 23_0643 �j rifloi Mailing Labels i t i — © ® Scale 1"_ .166 i Salem City Hall 93 Washington Street,Salem,MA01970 Phone:978-745-9595 City Hall Hours of Operation:Monday,Tuesday&Wednesday UM-4PM Thursday aAM-7PM Sde designed by P.ppGeo. 1 of 1 6/25/2013 10:10 AM EasyF�I®Labels i ♦ ® Bend along line to AVERY@smils r the Ahrrq�&epks 516e Fad�° expose eP u Ed gem 7 Franklin St. LLC 7 Rantoul St ` Beverly, MA. 01915 Merit Oil Company C/o Amerada Hess Corp P.O. Box 696419 Sam Antonio, Texas 78269 1 1 _ ---------- l ST610 4 `Al�ana8 -b iSIno;uem L 69ZSL sexal roluoluy wes 6TV969 xog 'Old djo0 ssaH epeJawy o%a Kuedwoj jip";uaW - — --- — k0luettes fadles A Pow ; See � RapOex A la hachure afin de I www.avery.com ; Utllisez le gabarit AVERYa 5160® ch Sens d ent r6v6ler le rebord Pop-upm d 1-800-GO-AVERY e 1 AN3AY 09 908 L f dn-dOd PIC"W 101" W8w8fJe43 f ®094s®Av3AY;uegeB ai zesu!m ap.ugeam4mgeI,Pm0deN aP� ; . . ialed.irsatne;sawn6p 26_O401 0 - - - - FORTONATE SON NOMINEE TRUST 14 FRANRLIN STREET SALEM,MA 01970 26-0404 0 BYORS FAMILY REALTY TRUST THE ' 27 HALEY RD MARBLEHEAD.MA 01945-2325 -26 0407-0- ANDREWS HARRY M 3 HEMLOCK ST BEVERLY,MA 01915 260374=0-.— E$$ffiei ltm- 36 W9617�STREET'APT4h 14EWx4DRI,�0023 ....r th• j i�1r. e' (� _ el 26-040660. FORTUNATE SON NOMINEE TRUST - 14 FRANRLW STREET SALBM,MA 01970 26_0375-0 __—_..... GERREN REALTY TRUST II 7 RANTOUL STREET,SUITE. 1008 - - BEVERLY,MA 01915 - ----- ----- -----._ ._.._ .._.._ .. . .. . ..____ -. 1 ♦ i .. 1 I r+eGp3 dn-dod aodza !Cld paj @09LS Widwal®O4s"y sh®09L5® fi t slage1Iead A 3® • 1